Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 13984-13985 [2022-05118]

Download as PDF 13984 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). Summary of Request On February 11, 2022, NMFS received an adequate and complete application from CDFW requesting authorization for take of marine mammals incidental to IEP monitoring and research activities in the San Francisco Bay-Delta Estuary, California. The requested regulations would be valid for 5 years. The proposed action includes the use of fishing research gear (e.g., nets, trawls, setlines, and fykes) that may result in VerDate Sep<11>2014 17:10 Mar 10, 2022 Jkt 256001 marine mammal interactions resulting in Level A harassment, serious injury or mortality. Therefore, CDFW requests authorization to incidentally take marine mammals. Specified Activities The IEP consists of multiple State and Federal agencies operating in the San Francisco Bay and Sacramento-San Joaquin Delta. The IEP has been conducting cooperative ecological investigations since the 1970s. IEP agencies partner with non-governmental organizations that work together to develop a better understanding of the Bay-Delta estuary’s fish and wildlife, water quality, hydrodynamics and impacts of human activities on ecology. IEP’s key studies specifically address the effects of the State Water Project and Federal Central Valley Project water project operations on the Delta and San Francisco Estuary. Many of the surveys monitor abundance and distribution of fish so to reduce entrainment risk at the water project export facilities in the south Delta. IEP fish monitoring studies include use of various gears including midwater, otter, and Kodiak trawls (trawls), gill and trammel nets, purse seines and Lampara nets (nets), setlines and longlines (setlines), and hoop and fyke traps (fykes) that could result in incidental take via entanglement by net mesh, entrapment by fyke, or hooking by setlines. IEP studies also use a variety of other gears, such as backpack or boat mounted electrofishers, larval fish trawl nets, zooplankton nets, water samplers and instrumentation (acoustic receivers, water quality sondes, etc.) that are not expected to result in take of marine mammals. Information Solicited Interested persons may submit information, suggestions, and comments concerning CDFW’s request (see ADDRESSES). NMFS will consider all information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by CDFW, if appropriate. Dated: March 8, 2022. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2022–05225 Filed 3–10–22; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB870] Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. The Exempted Fishing Permit would allow commercial fishing vessels to fish outside fishery regulations in support of research conducted by the applicant. Regulations under the MagnusonStevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits. DATES: Comments must be received on or before March 28, 2022. ADDRESSES: You may submit written comments by the following method: • Email: nmfs.gar.efp@noaa.gov. Include in the subject line ‘‘AOLA Early Benthic-Phase Lobster Trap EFP.’’ FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management Specialist, Laura.Deighan@noaa.gov, (978) 281–9184. SUPPLEMENTARY INFORMATION: The Atlantic Offshore Lobstermen’s Association submitted a complete application for an Exempted Fishing Permit (EFP) to conduct commercial fishing activities that the regulations would otherwise restrict to pilot test a single early benthic-phase (EBP) lobster trap, which targets lobsters between 15and 50-millimeter carapace length, to determine its feasibility for broader use in lobster surveys. This EFP would exempt the participating vessel from the Federal regulations described in Table 1. SUMMARY: E:\FR\FM\11MRN1.SGM 11MRN1 13985 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices TABLE 1—REQUESTED EXEMPTIONS Citation Regulation Need for exemption 50 CFR 697.21(c) and § 697.21(d). § 697.19 ................................. § 697.19(j) .............................. §§ 697.20(a)(7), 697.20(a)(8), 697.20(b)(5), 697.20(b)(6), 697.20(d), and 697.20(g). § 697.21(a) ............................. Gear specification requirements ....... Trap limit requirements ..................... Trap tag requirements ...................... Possession restrictions ..................... Gear identification and marking requirements. This project would use one federally permitted lobster vessel to pilot test the use of an EBP lobster trap in Lobster Management Area 3 (Statistical Areas 561, 562, and 522) between May 1, 2022, and November 1, 2022. The EBP trap is an 80-centimeter square trap based on a modified crawfish trap. It has four square openings, measuring less than two inches, which lead to ramps that drop the lobsters into a baited kitchen. Inside the trap, there are additional ramps that lead the lobsters to four cylindrical parlors with vertical openings. The trap is attached to cement runners that provide weight and maintain proper orientation. The participants would place the EBP trap on one of their existing trawls and haul it every 7–14 days during the course of the vessel’s normal fishing activity. At each haul, the participants would record and immediately release all bycatch and measure, sex, and release all lobsters from the EBP trap. The project would include no more than 26 experimental hauls. In addition to the EBP trap, the vessel would fish with its full allotted number of standard traps, but the total number of traps would remain less than the Area 3 trap cap. Participants would land and sell the legal catch from the standard traps. The goal of this project is to test the selectivity of the EBP trap (versus ventless traps that often catch eel and crab) and the scalability of its use. If To allow for the use a modified trap with no escape vents or ghost panels. To allow for one additional trap. To allow for the use of an untagged trap. To allow for onboard biological sampling of undersized, oversized, vnotched, and egg-bearing lobsters. To allow for the use of an unmarked trap. successful, EBP traps could be used in lobster surveys to provide information about larval settlement patterns and juvenile nursery grounds. If approved, the applicant may request minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited. Authority: 16 U.S.C. 1801 et seq. Dated: March 7, 2022. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–05118 Filed 3–10–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB874] Marine Mammals and Endangered Species Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permits. Notice is hereby given that permits have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable. SUMMARY: The permits and related documents are available for review upon written request via email to NMFS.Pr1Comments@noaa.gov. ADDRESSES: Erin Markin (Permit No. 25870) and Amy Hapeman (Permit No. 26024); at (301) 427–8401. FOR FURTHER INFORMATION CONTACT: Notices were published in the Federal Register on the dates listed below that requests for a permit had been submitted by the below-named applicants. To locate the Federal Register notice that announced our receipt of the application and a complete description of the activities, go to www.federalregister.gov and search on the permit number provided in Table 1 below. SUPPLEMENTARY INFORMATION: National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: TABLE 1—ISSUED PERMITS lotter on DSK11XQN23PROD with NOTICES1 Permit No. RTID 25870 ................ 0648–XB500 26024 ................ 0648–XB623 Harold Brundage, Environmental Research and Consulting, Inc., 325 Market Street, Lewes, DE 19958. Ocean Futures Society, 513 De La Vina Street, Santa Barbara, CA 93101 (Responsible Party: Jean-Michel Cousteau). In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activities proposed are categorically VerDate Sep<11>2014 17:10 Mar 10, 2022 Previous Federal Register notice Applicant Jkt 256001 excluded from the requirement to prepare an environmental assessment or environmental impact statement. As required by the ESA, as applicable, issuance of these permit was based on PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 86 FR 56692; October 12, 2021. 86 FR 69632; December 8, 2021. Issuance date 2/8/2022 2/28/2022 a finding that such permits: (1) Were applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) are consistent with the purposes and E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13984-13985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05118]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB870]


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
General Provisions for Domestic Fisheries; Application for Exempted 
Fishing Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Greater Atlantic Region, NMFS, has made a preliminary 
determination that an Exempted Fishing Permit application contains all 
of the required information and warrants further consideration. The 
Exempted Fishing Permit would allow commercial fishing vessels to fish 
outside fishery regulations in support of research conducted by the 
applicant. Regulations under the Magnuson-Stevens Fishery Conservation 
and Management Act and the Atlantic Coastal Fisheries Cooperative 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on applications for 
proposed Exempted Fishing Permits.

DATES: Comments must be received on or before March 28, 2022.

ADDRESSES: You may submit written comments by the following method:
     Email: [email protected]. Include in the subject line 
``AOLA Early Benthic-Phase Lobster Trap EFP.''

FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management 
Specialist, [email protected], (978) 281-9184.

SUPPLEMENTARY INFORMATION: The Atlantic Offshore Lobstermen's 
Association submitted a complete application for an Exempted Fishing 
Permit (EFP) to conduct commercial fishing activities that the 
regulations would otherwise restrict to pilot test a single early 
benthic-phase (EBP) lobster trap, which targets lobsters between 15- 
and 50-millimeter carapace length, to determine its feasibility for 
broader use in lobster surveys. This EFP would exempt the participating 
vessel from the Federal regulations described in Table 1.

[[Page 13985]]



                      Table 1--Requested Exemptions
------------------------------------------------------------------------
           Citation                 Regulation       Need for exemption
------------------------------------------------------------------------
50 CFR 697.21(c) and Sec.       Gear               To allow for the use
 697.21(d).                      specification      a modified trap with
                                 requirements.      no escape vents or
                                                    ghost panels.
Sec.   697.19.................  Trap limit         To allow for one
                                 requirements.      additional trap.
Sec.   697.19(j)..............  Trap tag           To allow for the use
                                 requirements.      of an untagged trap.
Sec.  Sec.   697.20(a)(7),      Possession         To allow for onboard
 697.20(a)(8), 697.20(b)(5),     restrictions.      biological sampling
 697.20(b)(6), 697.20(d), and                       of undersized,
 697.20(g).                                         oversized, v-
                                                    notched, and egg-
                                                    bearing lobsters.
Sec.   697.21(a)..............  Gear               To allow for the use
                                 identification     of an unmarked trap.
                                 and marking
                                 requirements.
------------------------------------------------------------------------

    This project would use one federally permitted lobster vessel to 
pilot test the use of an EBP lobster trap in Lobster Management Area 3 
(Statistical Areas 561, 562, and 522) between May 1, 2022, and November 
1, 2022. The EBP trap is an 80-centimeter square trap based on a 
modified crawfish trap. It has four square openings, measuring less 
than two inches, which lead to ramps that drop the lobsters into a 
baited kitchen. Inside the trap, there are additional ramps that lead 
the lobsters to four cylindrical parlors with vertical openings. The 
trap is attached to cement runners that provide weight and maintain 
proper orientation.
    The participants would place the EBP trap on one of their existing 
trawls and haul it every 7-14 days during the course of the vessel's 
normal fishing activity. At each haul, the participants would record 
and immediately release all bycatch and measure, sex, and release all 
lobsters from the EBP trap. The project would include no more than 26 
experimental hauls. In addition to the EBP trap, the vessel would fish 
with its full allotted number of standard traps, but the total number 
of traps would remain less than the Area 3 trap cap. Participants would 
land and sell the legal catch from the standard traps.
    The goal of this project is to test the selectivity of the EBP trap 
(versus ventless traps that often catch eel and crab) and the 
scalability of its use. If successful, EBP traps could be used in 
lobster surveys to provide information about larval settlement patterns 
and juvenile nursery grounds.
    If approved, the applicant may request minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted without further notice if they are deemed 
essential to facilitate completion of the proposed research and have 
minimal impacts that do not change the scope or impact of the initially 
approved EFP request. Any fishing activity conducted outside the scope 
of the exempted fishing activity would be prohibited.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 7, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-05118 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-22-P